Town of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Newburgh 1-15-1979 as L.L. No. 1-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 71.
Clearing and grading — See Ch. 83.
Flood damage prevention — See Ch. 109.
Subdivision of land — See Ch. 163.
Zoning — See Ch. 185.
The purpose of this chapter is to implement for the Town of Newburgh SEQR and Part 617.
A. 
The terms and words used in this chapter shall have the same meanings as such terms and words have in Article 8 of the Environmental Conservation Law and Part 617, unless the context requires a different meaning.
B. 
The following terms shall have the following meanings:
EAF
Environmental assessment form.
EIS
Environmental impact statement.
PART 617
The rules and regulations set forth in 6 NYCRR 617.
SEQR
The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law.
TOWN
The Town of Newburgh.
No action, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body or officer of the town unless it has complied with SEQR, Part 617, to the extent applicable, and this chapter.
A. 
An EAF shall be prepared by or on behalf of any agency, board, body or officer of the town in connection with any Type I action such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action, an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
B. 
An application for permit or funding of a Type I action shall be accompanied by an EAF and for an unlisted action may be accompanied by a short-form EAF and/or a full EAF as may be required by the lead agency to assist it in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
With respect to a Type I action, the lead agency shall make a preliminary determination of the environmental significance of the action on the basis of the EAF or draft EIS and such other information it requires in accordance with the procedures listed in Part 617. Such determination shall be made within twenty (20) days of its designation as lead agency or with twenty (20) days of its receipt of all information it requires, whichever is later. A determination of nonsignificance shall be noticed and filed as provided in Part 617.10(b). After a determination of nonsignificance, the action, including one involving a permit or funding, shall be processed without further regard to SEQR, Part 617 or this chapter.[1]
[1]
Editor's Note: Amended at time of adoption Code; see Ch. 1, General Provisions, Art. I.
B. 
With respect to unlisted actions, as early as possible in the formulation of plans for one to be directly undertaken or within twenty (20) days of receipt of an application for funding or approval of said unlisted action, an EAF or any additional information reasonably necessary to make that determination, the town agency involved shall make an initial determination of the significance of the action in accordance with the procedures listed in Part 617. Said town agency shall then ascertain, exercising all due diligence, all other involved agencies and notify them of its initial determination, supplying them with a copy of any EAF and any applications which have been prepared and reasons supporting the initial determination. If within thirty (30) days from the date of mailing notification no involved agency submits a written objection to the town agency which made the initial determination being lead agency, that town agency shall be the lead agency and shall maintain a file of its determination and supporting reasons available for public inspection if it has determined nonsignificance. After a determination of nonsignificance, the action shall be processed without further regard to SEQR, Part 617 or this chapter, unless the determination is rescinded. A conditioned negative declaration may be issued for unlisted actions in compliance with Part 617.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
For all purposes, including but not limited to the requirements of Article 16 of the Town Law, the actual completion date of an otherwise complete application for approval or funding of an action shall be considered to be the date the preliminary determination of environmental nonsignificance is rendered by the lead agency or, if in lieu of an EAF the applicant prepares a draft EIS, the date the applicant files a draft EIS acceptable to the lead agency.
D. 
If the lead agency determines that an EIS is required, it shall proceed as provided in Part 617.8, 617.9 and 617.10. Commencing with the acceptance of the draft EIS, the application for approval of an otherwise complete application shall be considered actually complete and the time limitation for processing the EIS shall run concurrently with the particular time limitations applicable to processing the application for approval or funding of the action. A public hearing on the draft EIS, if any, shall be held concurrently with any hearing to be held on such application. The draft EIS shall be prepared by the applicant unless the lead agency shall choose to prepare its own. If the lead agency does not choose to prepare the draft EIS, failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in Part 617.6 and 617.7, except that, in the following Type I and unlisted actions, the lead agency shall be as provided herein:
A. 
Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: Town Board.
B. 
Construction or expansion of town buildings, structures and facilities within the town not requiring a federal or state agency permit or approval: Town Board.
C. 
Variances not requiring a federal or state agency permit or approval: Town Zoning Board of Appeals.
D. 
Purchase, sale and lease of real property by the town not requiring a federal or state agency permit or approval: Town Board.
E. 
Planned unit development or cluster zoning not requiring a federal or state agency permit or approval: Town Planning Board.
F. 
Subdivision and/or site plan approval and special use permit not requiring a federal or state agency permit or approval: Town Planning Board.
G. 
Construction or expansion of any non-town-owned facility not requiring a federal or state agency permit or approval: Town Planning Board or Building Inspector where no Planning Board approval is required.
H. 
Parking lot not requiring a federal or state agency permit or approval: Building Inspector.
The Town Engineer or his designated representative shall act as the town clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants in identifying other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Environmental review of actions involving a federal agency shall be processed in accordance with Part 617.16.
The fees for review or preparation of an EIS involving an applicant for approval or funding of an action shall be as provided in Chapter 104, Fees.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 4-15-1987 by L.L. No. 2-1987[1]]
The following critical areas of environmental concern are hereby designated in accordance with Part 617.4(h):
A. 
Chadwick Lake Reservoir Environs. All those plots, parcels or pieces of land located within the following boundaries: Beginning at a point at the intersection of New York State Route 32 and New York State Route 300 and proceeding westerly along said Route 300 to its intersection with Mountain View Avenue; thence northerly along Mountain View Avenue to its intersection with Mill Street; thence easterly on Mill Street to its intersection with New York State Route 32; thence southerly along New York State Route 32 to its intersection with Fostertown Road; thence southeasterly on Fostertown Road to its intersection with Sarvis Lane; thence southwesterly on Sarvis Lane to the point of its intersection with New York State Route 32; thence southerly on New York State Route 32 to the point or place of beginning.
[1]
Editor's Note: Amended at time of adoption Code; see Ch. 1, General Provisions, Art. I.
[Amended 4-15-1987 by L.L. No. 2-1987]
The following are deemed Type I actions in addition to those set forth in Part 617.12:
A. 
Any action within a critical area of environmental concern as designated by § 100-10 of this chapter.
A. 
[1]The following are deemed Type II actions in addition to those set forth in Part 617.13:
(1) 
Zoning Code interpretations.[2]
[2]
Editor's Note: See Ch. 185, Zoning.
(2) 
The issuance of building permits by the Building Inspector, in the event that such issuance is determined to be an action rather than a ministerial act.
(3) 
The approval and issuance of clearing and grading permits by the Building Inspector, in the event that such issuance is determined to be an action rather than a ministerial act.
(4) 
The construction or extension of utility facilities to serve approved new or altered single- or two-family residential structures or to render service to existing dwellings or approved subdivisions.
(5) 
Sales of surplus town land not exceeding ten (10) contiguous acres.
(6) 
The construction or extension of utility facilities to serve approved new, existing or altered commercial establishments.
(7) 
Street openings for the purpose of hookup to utility facilities.
(8) 
The approval of variances from the sprinkler system requirements of Article IX of Chapter 107.
(9) 
The approval of lot line changes by the Planning Board.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Subsection A(1) and (2) above shall only apply where the action applied for is not to take place in an area designated by the proper authorities as a wetland or a floodplain, in which case the action would be considered unlisted. If such action takes place wholly or partially within or substantially contiguous to any critical environmental area designated by the town, it shall be considered a Type I action.